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Bombay High Court Allows Amendment of Written Statement to Cure Signature and Verification Defect — Procedural Rules Subserve Justice. Defect in signature and verification of written statement by some defendants can be cured at appellate stage under Order 6 Rule 17 CPC as no prejudice caused.

The petitioners, original plaintiffs in Special Civil Suit No.294 of 2002, filed a suit for specific performance of contract against the respondents. ...

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Bombay High Court Allows Second Appeal in Property Dispute — Reverses Appellate Court's Perverse Findings. The Court held that the Appellate Court failed to consider the registered sale deed and revenue entries, leading to a perverse finding that warranted interference under Section 100 CPC.

The original plaintiff, Parmanand Gopalrao Kesari (since deceased, represented by legal representatives), filed a suit for declaration of ownership an...

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High Court of Judicature at Madras Hears Appeal Suit Challenging Partition Decree. Trial Court Ordered Partition of Suit Properties into 25 Equal Shares with 19/25 Share to Plaintiffs.

The appeal arises from the decree of the Additional District Judge, Chengalpattu, in O.S.No.243 of 2005, whereby the trial court ordered partition of ...

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High Court of Karnataka Hears Regular First Appeals in Specific Performance and Permanent Injunction. Trial Court Dismissed Specific Performance Suit and Decreed Injunction; Plaintiff's Claim of Agreement to Sell and Possession Not Accepted, Subsequent Purchaser's Possession Protected.

The Regular First Appeals arose from a common judgment dated 13.09.2005 by the I Additional City Civil and Sessions Judge, Bengaluru, in two suits: O....

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Bombay High Court Holds Agent of Vessel Liable as Owner for Port Charges Under Major Port Trusts Act. Court Interprets Section 2(o) to Include Agent, Following Supreme Court Precedent, and Finds Defendants Liable for Deficit After Consignment Sale.

The Board of Trustees of the Port of Bombay, a statutory corporation, filed a suit for recovery of Rs 3,21,369.45 along with interest, being the defic...

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Bombay High Court Examines Validity of Consumer Protection Appointment Rules; Selection Committee Procedure Under Scrutiny. Court Considers Whether Rules Violate Article 14 and Supreme Court Directions in State of UP v. UP Consumer Protection Bar Association.

These two petitions challenged the Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office...

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Bombay High Court Full Bench Holds Trial Court Can Frame Preliminary Issue Under Section 9-A CPC Disposing of Suit in Part. The Court interprets Section 9-A of the Code of Civil Procedure, 1908 (Maharashtra Amendment) to allow partial disposal of suit or cause of action on preliminary issue of jurisdiction.

The Full Bench of the Bombay High Court was constituted to answer a reference on whether a trial court, under Section 9-A of the Code of Civil Procedu...